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Why Fight DUI Charges?

Posted by Mark Garka | Nov 19, 2019 | 0 Comments

Many assume that driving under the influence (DUI) arrests will always lead to criminal convictions, but that's far from the truth. Today, our firm will show you why the accused should think about fighting their DUI charges.

DUI Charges Are Subjective

Unfortunately, many people are under the impression that DUI charges only occur when the accused's blood alcohol content (BAC) is above 0.08%, but that's simply not true.

DUIs, as defined by Washington's penal code, come in various forms.

The first one is the definition that everyone knows:

The person has, within two hours after driving, an alcohol concentration of 0.08% or higher as shown by analysis of the person's breath or blood.

However, there is another definition of DUI than many people don't know about:

The person is under the influence of or affected by intoxicating liquor, marijuana, or any drug.

As you can see, the second definition has no BAC attached to it, it only says if “the person is under the influence or affected by intoxicating liquor.”

This definition makes DUI charges highly subjective because any officer can decide that a person is “drunk” without objective evidence. Regardless of the driver's BAC, regardless of the driver's mental state, if a cop believes the driver is drunk, then he or she can make an arrest.

As you can see, those accused of DUIs should fight the charges because some arrests are highly subjective in nature. However, there are more reasons to fight DUIs than subjective arrests.

Breathalyzer Tests Can Be Inaccurate

Many people believe that portable breathalyzer tests are highly accurate, but that's not always the case. Portable breathalyzer machines must be calibrated regularly, and the test must be administered properly.

If an officer fails to calibrate the device or administer the test properly, the results may be inadmissible in court, and the results of a breathalyzer test may be the only piece of concrete evidence an officer has for a DUI case. If that's what happens, the whole affair may be thrown out due to the inaccuracy of the test.

Those accused of DUIs should fight the charges because breathalyzer tests can be inaccurate, but the inaccuracy of field sobriety tests is another reason to fight.

Field Sobriety Tests Can Be Inaccurate

Field sobriety tests are physical tests officers use to determine if a driver is intoxicated. Unfortunately, field sobriety tests often result in false positives for several reasons.

Two of the tests are dependant on one's ability to balance. If someone has a hard time balancing on one leg or walking in a straight line, he or she may fail two of the tests while sober, making the cops believe that he or she is intoxicated.

One of the tests requires officers to looks at the person's eye movements to see if he or she is under the influence. However, many medical conditions impact peoples' eye movement in the same way that alcohol affects eye movement. Therefore, drivers with certain medical conditions may fail the eye test regardless of the level of intoxication.

Are You Facing DUI Charges?

If you or a loved one is facing DUI charges, you should talk to a knowledgeable Mill Creek DUI attorney about your case. One conversation with an experienced DUI lawyer can help you see why you should fight your charges.

Call (888) 252-1961 now for a free consultation for your DUI case.

About the Author

Mark Garka

Mark is a solo-practitioner who limits his practice to DUI Defense. During Law School, he worked in the Juvenile Division for the Snohomish County Prosecuting Attorney's Office and he also worked in the Corrections Division at the Attorney General's Office. After completing his degree, he clerked...


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